- Legal-Bay Pre-Settlement Funding Company Renews Focus on FELA and Railroad Cases in Light of Newly-filed Wrongful Death Lawsuits Against Norfolk Southern Railroad
- BNP Paribas’ Securities Services Business Adopts Broadridge’s Global Class Action Solution to Maximize its Clients’ Global Asset Recovery Opportunities
- Community Spotlight: Craig Geraghty, Legal Director, O'Connors Legal Services
- How WFH Communication is Impacting Law Firms and Legal Funders
- An LFJ Conversation with Ondrej Tylecek, Partner and Head of Investments, LitFin
- Community Spotlight: Dane Lund, Managing Director, Juris Capital
Stay on top of regulatory updates taking place throughout various jurisdictions across the globe.
Regulatory Issues
355 Articles
Ask the Experts: What to Do When Deals Go Wrong
In the final panel of the conference, Michael Kelley, Partner at Parker Poe, moderated a discussion on lessons that can be learned from past deal issues. Panelists included Chip Hodgkins, Managing Director of Statera Capital, Tracey Thomas, CEO of IP Zone, and Erika Levin, Partner at Fox Rothschild.
Best Practices and Lessons Learned in Firm-Funder Partnerships
This Day 2 panel featured Alex Chucri, CEO and Founder of Pravati Capital, Vincent Montalto, Partner at DLA Piper, and Ronald Schutz, Partner at Robins Kaplan. The panel was moderated by Kathryn Boyd, Partner at Hecht Partners.
An Argument for Reforming the Principle of Non-Recoverability
While the availability of, and access to, litigation funding has been a boon for those seeking access to justice, some industry insiders argue that reforms have not gone far enough, and that more change is needed. One area of interest is recoverability for plaintiff costs, where currently claimants still stand to lose financially in order to cover the costs of the very funding that has allowed them to access justice.
SEC’s Proposed Amendments Might Impact Litigation Funding
As part of a broader effort by the US Securities & Exchange Commission (SEC) to increase transparency around hedge fund investing and reduce risk in the financial system, the spotlight has fallen on the activities of funds engaging in litigation financing investments. In a proposal last week, the SEC would require hedge funds and private investment advisors to confidentially disclose their litigation funding activities and spending.
The Role of Superannuation Funds in Litigation Finance
The role of superannuation funds in litigation finance (specifically in funding class action claims) has been highlighted by industry insiders in Australia, who point to it as a benefit to the funds themselves and also an encouragement of good corporate governance. The recent example of HESTA, a super fund based in Sydney, taking part in a class action lawsuit against multiple financial service companies, has demonstrated both the appetite and the potential benefits of such engagements.
High Court Ruling Suggests Funder Liability Is Broader Than Expected
The extent and scope of litigation funding liability is being questioned, after a High Court ruled the funder was liable for costs predating the litigation funding agreement (LFA).
Federal Court of Australia approves its power to make future orders for class closure
The following piece was contributed by Lillian Rizio and Max Hensen of Australian law firm, Piper Alderman.
The Full Federal Courts’ decision in Parkin v Boral Limited (Class Closure) [2022] FCAFC 47 (Parkin) confirms the courts’ power to issue pre-mediation (and settlement) soft class closure notices to group members. The decision hints at the (positive) appetite of the Federal Court in making future orders for class closure that facilitate a just outcome,[1] simplifies the assessment of quantum prior to settlement, and reduces an element of risk in funded litigation.
